Collaborative Divorce As An Option
A collaborative divorce is an option many parties should consider when their marriage is ending. In a collaborative divorce, parties both hire a lawyer trained in collaborative practice. They also utilize the help of experts, like a divorce coach, financial neutral and child custody professional.
The hope is that parties can resolve their divorce or family law matter outside of court. After they reach an agreement, they can submit settlement paperwork to the judge to end their case.
In some situations, however, collaborative divorce does not work. The parties may try in good faith to settle, but sometimes, parties get stuck. No matter how hard they try, they cannot forge a middle ground acceptable to both of them.
What Happens When Collaborative Divorce Does Not Work?
What happens when a collaborative divorce does not work? This list is not all-inclusive, but some of the possibilities are below:
1.) The parties sometimes may need to take a break, reevaluate their goals or interests and then reconvene at a later date. After coming back, some parties might ultimately reach a settlement after more thought and deliberation.
2.) The parties may decide to arbitrate their divorce or family law matter. In arbitration, the parties are resolving their case outside of court. However, they are reaching a resolution differently. In arbitration, the arbitrator renders a decision that is binding. A potential downside to arbitration is that parties do waive their appeal rights.
3.) The parties might think about utilizing different collaborative divorce lawyers or various experts. Sometimes, a change in personnel can result in better communication and ideas that may assist the parties in settling. New personnel does not always make it better, but it is an option that some may consider.
4.) Mediation might be an option for some parties instead of collaborative divorce. In mediation, parties often meet with a third party mediator either alone or with their lawyers. Mediation is, in many ways, a paired down version of collaborative divorce. But in some cases, the parties might feel that this is a better option.
5.) Unfortunately, in some cases, the parties may have to go to court. The truth is that while parties may want to settle their divorce or family law matter, a settlement is not always possible. In these cases, going to court and having the judge decide it is still an option.
While parties who engage in collaborative divorce almost always desire an out-of-court settlement, it is not always possible. The above options are worthy of consideration for those in this circumstance.
Still Worth The Effort
For those who have not tried collaborative divorce, it is still worth trying in many circumstances. While it does not work all the time, where parties can settle outside of court, it can help parties co-parent and get along better after the divorce.
When parties get along better after a divorce, repeat visits to court on motions to modify and motions for contempt. Parties can also attend weddings of their children, birth of grandchildren and other significant events without the animosity.
If you are interested in a collaborative divorce, Stange Law Firm, PC can help. You can contact us at 855-805-0595.